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  1. #1
    Join Date
    Nov 2009
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    3

    Default Sex Offence at 10

    My question involves criminal law for the state of: texas

    My problem is when I was 10 years old I got convicted as a sex offender bc I plea bargined. They charged me with aggravated sexual assault child. my dispostion was in 98 and i was on probation for 2 years. Is there anyway for me to go to court or something to get off the registry? I'm 21 now trying to join the army and I can't bc of this on my back. I have a spotless record besides this and people look at me worse then a drug dealer or other felons. It stops me from going to school or finding a decent job. someone please point me in the right direction to resolve this matter.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Sex Offence at 10

    You should talk to a lawyer.

  3. #3
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Sex Offence at 10

    is there any certain lawyer in texas that you would recommend?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Sex Offence at 10

    The general statute for sealing juvenile records doesn't apply to sex offender registration, but points to the statutes of the code of criminal procedure:
    Quote Quoting Texas Family Code, Sec. 58.003.Sealing of Records
    (a) Except as provided by Subsections (b) and (c), on the application of a person who has been found to have engaged in delinquent conduct or conduct indicating a need for supervision, or a person taken into custody to determine whether the person engaged in delinquent conduct or conduct indicating a need for supervision, on the juvenile court's own motion the court shall order the sealing of the records in the case if the court finds that:
    (1) two years have elapsed since final discharge of the person or since the last official action in the person's case if there was no adjudication; and

    (2) since the time specified in Subdivision (1), the person has not been convicted of a felony or a misdemeanor involving moral turpitude or found to have engaged in delinquent conduct or conduct indicating a need for supervision and no proceeding is pending seeking conviction or adjudication.
    (b) A court may not order the sealing of the records of a person who has received a determinate sentence for engaging in delinquent conduct that violated a penal law listed in Section 53.045 or engaging in habitual felony conduct as described by Section 51.031.

    (c) Subject to Subsection (b), a court may order the sealing of records concerning a person adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony only if:
    (1) the person is 21 years of age or older;

    (2) the person was not transferred by a juvenile court under Section 54.02 to a criminal court for prosecution;

    (3) the records have not been used as evidence in the punishment phase of a criminal proceeding under Section 3(a), Article 37.07, Code of Criminal Procedure; and

    (4) the person has not been convicted of a penal law of the grade of felony after becoming age 17.
    (d) The court may grant the relief authorized in Subsection (a) at any time after final discharge of the person or after the last official action in the case if there was no adjudication. If the child is referred to the juvenile court for conduct constituting any offense and at the adjudication hearing the child is found to be not guilty of each offense alleged, the court shall immediately order the sealing of all files and records relating to the case.

    (e) Reasonable notice of the hearing shall be given to:
    (1) the person who made the application or who is the subject of the records named in the motion;

    (2) the prosecuting attorney for the juvenile court;

    (3) the authority granting the discharge if the final discharge was from an institution or from parole;

    (4) the public or private agency or institution having custody of records named in the application or motion; and

    (5) the law enforcement agency having custody of files or records named in the application or motion.
    (f) A copy of the sealing order shall be sent to each agency or official named in the order.

    (g) On entry of the order:
    (1) all law enforcement, prosecuting attorney, clerk of court, and juvenile court records ordered sealed shall be sent before the 61st day after the date the order is received to the court issuing the order;

    (2) all records of a public or private agency or institution ordered sealed shall be sent before the 61st day after the date the order is received to the court issuing the order;

    (3) all index references to the records ordered sealed shall be deleted before the 61st day after the date the order is received, and verification of the deletion shall be sent before the 61st day after the date of the deletion to the court issuing the order;

    (4) the juvenile court, clerk of court, prosecuting attorney, public or private agency or institution, and law enforcement officers and agencies shall properly reply that no record exists with respect to the person on inquiry in any matter; and

    (5) the adjudication shall be vacated and the proceeding dismissed and treated for all purposes other than a subsequent capital prosecution, including the purpose of showing a prior finding of delinquent conduct, as if it had never occurred.
    (g-1) Any records collected or maintained by the Texas Juvenile Probation Commission, including statistical data submitted under Section 141.044, Human Resources Code, are not subject to a sealing order issued under this section.

    (h) Inspection of the sealed records may be permitted by an order of the juvenile court on the petition of the person who is the subject of the records and only by those persons named in the order.

    (i) On the final discharge of a child or on the last official action in the case if there is no adjudication, the child shall be given a written explanation of the child's rights under this section and a copy of the provisions of this section.

    (j) A person whose records have been sealed under this section is not required in any proceeding or in any application for employment, information, or licensing to state that the person has been the subject of a proceeding under this title and any statement that the person has never been found to be a delinquent child shall never be held against the person in any criminal or civil proceeding.

    (k) A prosecuting attorney may, on application to the juvenile court, reopen at any time the files and records of a person adjudicated as having engaged in delinquent conduct that violated a penal law of the grade of felony sealed by the court under this section for the purposes of Sections 12.42(a)-(c) and (e), Penal Code.

    (l) On the motion of a person in whose name records are kept or on the court's own motion, the court may order the destruction of records that have been sealed under this section if:
    (1) the records relate to conduct that did not violate a penal law of the grade of felony or a misdemeanor punishable by confinement in jail;

    (2) five years have elapsed since the person's 16th birthday; and

    (3) the person has not been convicted of a felony.
    (m) On request of the Department of Public Safety, a juvenile court shall reopen and allow the department to inspect the files and records of the juvenile court relating to an applicant for a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.

    (n) A record created or maintained under Chapter 62, Code of Criminal Procedure, may not be sealed under this section if the person who is the subject of the record has a continuing obligation to register under that chapter.

    (o) An agency or official named in the order that cannot seal the records because the information required in the order under Subsection (p) is incorrect or insufficient shall notify the court issuing the order before the 61st day after the date the agency or official receives the order. The court shall notify the person who made the application or who is the subject of the records named in the motion, or the attorney for that person, before the 61st day after the date the court receives the notice that the agency or official cannot seal the records because there is incorrect or insufficient information in the order.

    (p) A person who is eligible to seal records may file an application for the sealing of records in a juvenile court of the county in which the proceedings occurred. The application and sealing order entered on the application must include the following information or an explanation for why one or more of the following is not included:
    (1) the applicant's:
    (A) full name;

    (B) sex;

    (C) race or ethnicity;

    (D) date of birth;

    (E) driver's license or identification card number; and

    (F) social security number;
    (2) the offense charged against the applicant or for which the applicant was referred to the juvenile justice system;

    (3) the date on which and the county where the offense was alleged to have been committed; and

    (4) if a petition was filed in the juvenile court, the cause number assigned to the petition and the court and county in which the petition was filed.
    There may be benefit to sealing your record per that statute, but that won't do anything about registration. So we turn to the referenced statutes:
    Quote Quoting Code of Criminal Procedure, Sec. 62.353. Motion, Hearing and Order Concerning Person Already Registered
    (a) A person who has registered as a sex offender for an adjudication of delinquent conduct, regardless of when the delinquent conduct or the adjudication for the conduct occurred, may file a motion in the adjudicating juvenile court for a hearing seeking:
    (1) exemption from registration under this chapter as provided by Article 62.351; or

    (2) an order under Article 62.352(b)(2) that the registration become nonpublic.
    (b) The person may file a motion under Subsection (a) in the original juvenile case regardless of whether the person, at the time of filing the motion, is 18 years of age or older. Notice of the motion shall be provided to the prosecuting attorney. A hearing on the motion shall be provided as in other cases under this subchapter.

    (c) Only one subsequent motion may be filed under Subsection (a) if a previous motion under this article has been filed concerning the case.

    (d) To the extent feasible, the motion under Subsection (a) shall identify those public and private agencies and organizations, including public or private institutions of higher education, that possess sex offender registration information about the case.

    (e) The juvenile court, after a hearing, may:
    (1) deny a motion filed under Subsection (a);

    (2) grant a motion described by Subsection (a)(1); or

    (3) grant a motion described by Subsection (a)(2).
    (f) If the court grants a motion filed under Subsection (a), the clerk of the court shall by certified mail, return receipt requested, send a copy of the order to the department, to each local law enforcement authority that the person has proved to the juvenile court has registration information about the person, and to each public or private agency or organization that the person has proved to the juvenile court has information about the person that is currently available to the public with or without payment of a fee. The clerk of the court shall by certified mail, return receipt requested, send a copy of the order to any other agency or organization designated by the person. The person shall identify the agency or organization and its address and pay a fee of $20 to the court for each agency or organization the person designates.

    (g) In addition to disseminating the order under Subsection (f), at the request of the person, the clerk of the court shall by certified mail, return receipt requested, send a copy of the order to each public or private agency or organization that at any time following the initial dissemination of the order under Subsection (f) gains possession of sex offender registration information pertaining to that person, if the agency or organization did not otherwise receive a copy of the order under Subsection (f).

    (h) An order under Subsection (f) must require the recipient to conform its records to the court's order either by deleting the sex offender registration information or changing its status to nonpublic, as applicable. A public or private institution of higher education may not be required to delete the sex offender registration information under this subsection.

    (i) A private agency or organization that possesses sex offender registration information the agency or organization obtained from a state, county, or local governmental entity is required to conform the agency's or organization's records to the court's order on or before the 30th day after the date of the entry of the order. Unless the agency or organization is a public or private institution of higher education, failure to comply in that period automatically bars the agency or organization from obtaining sex offender registration information from any state, county, or local governmental entity in this state in the future.
    It will likely benefit you to team up with a lawyer to bring such a motion to be relieved of the obligation to register.

  5. #5
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Sex Offence at 10

    Does anyone know of a laywer that will work payments? I have a very low income.

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